[Added 4-28-2014 by Ord.
No. 2014-08; amended 10-28-2019 by Ord. No. 2019-12]
A.
The following regulations shall apply to all tower-based wireless
communications facilities that do not meet the definition of a small
WCF:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(2)
Permit required. Any applicant proposing the construction of a new
tower-based WCF, or the substantial change of an existing tower-based
WCF, shall first obtain a permit from the Township zoning office.
New construction and modifications shall be prohibited without a zoning
permit.
(3)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA-222-E Code, as amended).
(4)
Height. Any tower-based WCF shall be designed at the minimum functional
height. All tower-based WCF applicants must submit documentation to
the Township justifying the total height of the structure. The maximum
total height of any tower-based WCF, which is not located in the public
ROW, shall not exceed 130 feet, which height shall include all subsequent
additions or alterations. Equipment buildings, cabinets, and accessory
structures shall not exceed 15 feet in height.
(5)
Related equipment. Ground-mounted related equipment greater than
three cubic feet, such as cabinets and accessory structures, shall
not be located within 50 feet of a lot in residential use or zoned
residential. This setback requirement shall not apply to facilities
located within the PECO Right-of-Way Corridors or Reading Railroad
Corridor.
(6)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(7)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(8)
Radio frequency emissions. No tower-based WCF may, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(9)
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places, or eligible to be so listed,
or is included in the official historic structures and/or historic
districts list maintained by the Township, or is in the Village Preservation
Residential District.
(10)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency.
(11)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(12)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(13)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(14)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this article. The applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(15)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF and the Township shall advise the applicant in writing of its
decision. If additional information was requested by the Township
to complete an application, the time required by the applicant to
provide the information shall not be counted toward the 150-day review
period.
(16)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this article.
(17)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(c)
Any unused portions of tower-based WCFs, including antennae,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(18)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring and related costs.
(19)
FCC license. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(20)
Insurance. Each person that owns or operates a tower-based WCF
greater than 50 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 50 feet or
less in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(21)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(22)
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
(23)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
The following regulations shall apply to tower-based wireless
communications facilities located outside the rights-of-way that do
not meet the definition of a small WCF:
A.
Development regulations:
(1)
Application required. Each applicant proposing the construction of
a tower-based WCF outside the public rights-of-way shall complete
and submit an application prior to beginning construction of such
WCF. Such application shall be treated as an application for a special
exception and shall be evaluated by the Township Zoning Hearing Board.
(2)
Location. No tower-based WCF shall be located in an area in which
utilities are underground, except as permitted by this article.
(a)
The following regulations shall apply to tower-based WCFs greater
than 50 feet in height:
(3)
Site requirements. A tower-based WCF may be located as permitted
in the district regulations, subject to all of the conditions listed
in this article.
(4)
Prohibited as a sole use on a lot. A tower-based WCF shall not be
permitted as a sole use on a lot subject to the minimum lot area.
(5)
Combined with another use. A tower-based WCF may be permitted on
a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
(a)
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the communications
facility.
(b)
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting if the proposed WCF is greater than 50
feet in height.
(c)
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district. The minimum setback shall be a distance that is at least
equal to 1 1/2 times the height of the tower.
B.
Notice. Upon submission of an application for a tower-based WCF,
the applicant the applicant shall mail notice to all owners of every
property within 500 feet of the proposed facility. The applicant shall
provide proof of the notification to the Township.
C.
Co-location and siting. An application for a new tower-based WCF
shall not be approved unless the Township finds that the wireless
communications equipment planned for the proposed tower-based WCF
cannot be accommodated on an existing or approved structure or building,
or on Township property. Any application for approval of a tower-based
WCF shall include a comprehensive inventory of all existing towers
and other suitable structures within a two-mile radius from the point
of the proposed tower, unless the applicant can show to the satisfaction
of the Township that a different distance is more reasonable, and
shall demonstrate conclusively why an existing tower or other suitable
structure cannot be utilized.
D.
Design regulations:
(1)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(2)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally, electrically,
and in all respects to accommodate both the WCF applicant's antennae
and comparable antennae for future users.
E.
Surrounding environs:
(1)
The WCF applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the WCF structure shall be
preserved to the maximum extent possible.
(2)
The WCF applicant shall submit a soil report to the Township complying
with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E,
as amended, to document and verify the design specifications of the
foundation of the tower-based WCF, and anchors for guy wires, if used.
F.
Fence/screen:
(1)
A security fence having a maximum height of eight feet shall completely
surround any tower-based WCF greater than 50 feet in height, as well
as guy wires, or any building housing WCF equipment.
(2)
A screen of evergreen trees planted eight feet on center, and staggered
in two rows shall be located along the perimeter of the security fence
surrounding and Tower Based WCF greater than 50 feet in height. Existing
vegetation shall be preserved to the maximum extent possible.
G.
Accessory equipment:
(1)
Ground-mounted equipment associated to, or connected with, a tower-based
WCF shall be underground or screened from public view using stealth
technologies, as described above.
(2)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
H.
Additional antennae. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennae on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional Antennae
without obtaining the prior written approval of the Township.
I.
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
J.
Parking. For each tower-based WCF greater than 50 feet in height,
there shall be two off-street parking spaces, or one space per employee,
whichever is greater.
K.
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside the ROW shall, at its own cost and expense, obtain from
a surety licensed to do business in Pennsylvania and maintain a bond
or other form of security acceptable to the Township Solicitor, in
an amount of $100,000 to assure the faithful performance of the terms
and conditions of this article. The bond shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this article, after
reasonable notice and opportunity to cure. The owner shall file the
bond with the Township.
L.
Visual or land use impact. The Township reserves the right to deny
an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
M.
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this article and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
The following regulations shall apply to small wireless communications
facilities:
A.
Location and development standards.
(1)
Administrative approval required. Small WCF are permitted by administrative approval subject to the requirements of this § 195-73. Prior to the construction of any small WCF, the WCF applicant shall obtain a use and occupancy permit from the Township Zoning Officer.
(2)
Collocated small WCF. Small WCFs collocated upon existing structures
shall be permitted in all zoning districts.
(3)
Noncollocated small WCF.
(a)
Small WCFs requiring the installation of a new utility pole
shall only be permitted along roadways, streets and other rights-of-way
where utilities are above ground, except in the following areas:
[1]
The R-2 Residential District bordered by the Reading Railroad,
Swedesford Road, Hancock Road and North Wales Borough.
[2]
Along Clearbrook Road; Rosemont Avenue; State Street; Dickerson
Road; West Washington Avenue; West Montgomery Avenue; Shearer Street;
Towamencin Avenue; Green Street; Clearview Road; Supplee Road between
Jacks Lane and Garfield Avenue; Garfield Avenue between Valley Forge
Road and Steuben Drive; Park Road; Allentown Road between Broad Street
and Providence Lane; West Point Pike between Park Avenue and Morris
Road; Hancock Road; West Prospect Avenue and Church Road between Becker
Road and Kneeder Road; Old Church Road; the northern portion of North
Wales Road running from North Wales Borough to Morris Road; and Oak
Street.
(4)
As a first priority, small WCF shall be located in open lots or parklets.
(5)
Small WCF shall be limited to one small WCF per lot.
(6)
Small WCF in the public ROW requiring the installation of a new wireless
support structure shall not be located in front of any building entrance
or exit. If the proposed small WCF is to be located in the ROW adjacent
to single-family residential units, the applicant shall locate the
proposed small WCF in the ROW of a road leading into the residential
neighborhood rather than in the ROW adjacent to the single-family
residential units to the extent technically feasible.
B.
Nonconforming wireless support structures. Small WCF shall be permitted
to collocate upon nonconforming tower-based WCF and other nonconforming
structures. Collocation of WCF upon existing tower-based WCF is encouraged
even if the tower-based WCF is nonconforming as to use within a zoning
district.
C.
Standard of care. Any small WCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, or to the industry standard applicable
to the structure. Any WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or damage any property in the Township.
D.
Wind and ice. All small WCF shall be designed to withstand the effects
of wind gusts and ice to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
E.
Public safety communications. Small WCF shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
F.
Radio frequency emissions. A small WCF shall not, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
G.
Time, place and manner. The Township Zoning Officer shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
H.
Accessory equipment. Small WCF and accessory equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the Township.
I.
Graffiti removal. Any graffiti on the small WCF or on any accessory
equipment shall be removed at the sole expense of the owner within
30 days of notification by the Township.
J.
Design regulations. All small WCF shall be designed to meet the requirements
of the Township "Small Wireless Communications Facility Design Manual,"
a copy of which is appended to this Zoning Code and kept on file at
the Township Zoning office.[1]
[1]
Editor's Note: Said manual is included as an attachment to this chapter.
K.
Timing of approval.
(1)
Within 60 days of receipt of a complete application for collocation
of a small WCF on a preexisting wireless support structure, the Township
Board of Commissioners shall make a final decision on whether to approve
the application and shall notify the WCF applicant in writing of such
decision.
(2)
Within 90 days of receipt of an application for a small WCF requiring
the installation of a new wireless support structure, the Township
Board of Commissioners shall make a final decision on whether to approve
the application and shall notify the WCF applicant in writing of such
decision.
(3)
Within 10 days of receipt of an initial application for a small WCF,
the Township Board shall make a determination as to the completeness
of the application. If the application is deemed to be incomplete,
the Township Board shall notify the applicant in writing of the information
required to complete the application.
L.
Relocation or removal of facilities. Within 90 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a small WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(1)
The construction, repair, maintenance or installation of any Township
or other public improvement in the right-of-way;
(2)
The operations of the Township or other governmental entity in the
right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency as determined by the Township.
M.
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Township's actual ROW management costs, including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Township. The owner of each small WCF
shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above.
A.
The following regulations shall apply to all non-tower wireless communications
facilities that do not substantially change the physical dimensions
of the wireless support structure to which they are attached:
(1)
Permitted in all zones subject to regulations. Non-tower WCFs are
permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Prohibited on certain structures. Non-tower WCFs shall not be located
on single-family detached residences, single-family attached residences,
or any accessory residential structure.
(3)
Use and occupancy permit required. Applicants proposing the modification
of an existing tower-based WCF shall obtain a use and occupancy permit
from the Township Zoning Office. In order to be considered for such
permit, the applicant must submit a permit application to the Township
Zoning Office.
(4)
Standard of care. Any Non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(5)
Related equipment. Ground-mounted related equipment greater than
three cubic feet shall not be located within 50 feet of a lot in residential
use or zoned residential.
(6)
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA-222-E Code, as amended).
(7)
Public safety communications. No non-tower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(8)
Aviation safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(9)
Radio frequency emissions. No non-tower WCF may, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(10)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(11)
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
(12)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF or
$1,000, whichever is less.
(13)
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the non-tower WCF.
(14)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
B.
The following regulations shall apply to all non-tower wireless communications
facilities that substantially change the wireless support structure
to which they are attached:
(1)
Permitted in all zones subject to regulations. Non-tower WCFs are
permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Prohibited on certain structures. Non-tower WCFs shall not be located
on single-family detached residences, single-family attached residences,
or any residential accessory structure.
(3)
Permit required. Any applicant proposing the construction of a new
non-tower WCF, or the modification of an existing non-tower WCF, shall
first obtain a use and occupancy permit from the Township Zoning Office.
New construction and modifications shall be prohibited without a zoning
permit. After receipt of the use and occupancy permit application,
the Township Zoning Officer shall determine whether zoning relief
is necessary under the Township Code.
(4)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(5)
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA-222-E Code, as amended).
(6)
Public safety communications. No non-tower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(7)
Historic buildings. No non-tower WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or is eligible to be so listed, or is
listed on the official historic structures and/or historic districts
list maintained by the Township, or is located in the Village Preservation
Residential District, or has been designated by the Township to be
of historical significance.
(8)
Aviation safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(9)
Maintenance. The following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(10)
Radio frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(11)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(12)
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
(13)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this article. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(14)
Bond. Prior to the issuance of a permit, the owner of a non-tower
WCF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond, or other form
of security acceptable to the Township Solicitor, in an amount of
$35,000 to assure the faithful performance of the terms and conditions
of this article. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this article, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
(15)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs.
The following additional regulations shall apply to non-tower
wireless communications facilities located outside the rights-of-way
that substantially change the wireless support structure to which
they are attached and do not meet the definition of a small WCF:
A.
Development regulations. Non-tower WCFs shall be co-located on existing
structures, such as existing buildings or tower-based WCFs subject
to the following conditions:
(1)
Such WCF does not exceed the lesser of a total maximum height of
50 feet or the maximum height permitted in the underlying zoning district.
If the planned non-tower WCF exceeds this height specification, the
WCF applicant shall obtain a height variance.
(2)
If the WCF applicant proposes to locate the related equipment in
a separate building, the building shall comply with the minimum requirements
for the applicable zoning district.
(3)
An eight-foot-high security fence shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
B.
Design regulations.
(1)
Non-tower WCFs shall employ stealth technology and be treated to
match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(2)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 10 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a special exception.
(3)
The total height of any support structure and mounted WCF shall not
exceed the maximum height permitted in the underlying zoning district.
(4)
All non-tower WCF applicants must submit documentation to the Township
justifying the total height of the non-tower structure. Such documentation
shall be analyzed in the context of such justification on an individual
basis.
(5)
Antennae, and their respective accompanying support structures, shall
be no greater in diameter than any cross-sectional dimension than
is reasonably necessary for their proper functioning.
C.
Removal, replacement, modification.
(1)
The removal and replacement of non-tower WCFs and/or accessory equipment
for the purpose of upgrading or repairing the WCF is permitted, so
long as such repair or upgrade does not increase the overall size
of the WCF or the numbers of antennae.
(2)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
D.
Visual or land use impact. The Township reserves the right to deny
an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
E.
Inspection. The Township reserves the right to inspect any WCF to
ensure compliance with the provisions of this article and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
The Township, by granting any permit or taking any other action
pursuant to this chapter, does not waive, reduce, lessen or impair
the lawful police powers vested in the Township under applicable federal,
state and local laws and regulations.
